Case Note & Summary
The appellant, Sanjay s/o Vijay Nawghade, was convicted by the Special Judge, Chandrapur, in Special (Child) Case No. 5 of 2014 for offences under Section 376(2)(i) of the Indian Penal Code read with Sections 3 and 4 of the Prevention of Children from Sexual Offences Act, 2012 (POCSO Act). He was sentenced to rigorous imprisonment for seven years and a fine of Rs.500, with default imprisonment of one month. The prosecution case was that on 21.12.2013 at about 5:30 p.m., the prosecutrix, a minor girl, was proceeding towards an agricultural field to answer nature's call when the appellant and one Prabhakar Nagapure were standing on the road. The appellant rushed towards her, gagged her mouth with her odhani, dragged her into an adjoining bandhi, and raped her. The prosecutrix lodged a complaint (Ex.15) at Pathari police station on 22.12.2013, leading to registration of Crime No. 18/13. Investigation was conducted by S.D.P.O. Baburao Bhause Mahamuni (P.W.9). The trial court convicted the appellant. In appeal, the appellant challenged the conviction on grounds of lack of credible evidence and contradictions. The High Court examined the evidence, including the testimony of the prosecutrix (P.W.1), her mother (P.W.2), the medical officer (P.W.6), and the investigating officer. The court found the prosecutrix's testimony to be consistent, credible, and corroborated by medical evidence showing recent sexual intercourse. The FIR was lodged promptly. The court held that the conviction was sustainable and the sentence appropriate, dismissing the appeal.
Headnote
A) Criminal Law - Rape of Minor - Section 376(2)(i) IPC, Sections 3/4 POCSO Act - Conviction based on sole testimony of prosecutrix - The prosecutrix, a minor, gave consistent and credible evidence of being dragged and raped by the appellant. Medical evidence corroborated recent sexual intercourse. FIR was lodged promptly. Held that conviction is sustainable and sentence of seven years RI is appropriate. (Paras 2-10) B) Evidence Law - Credibility of Prosecutrix - Minor Victim - The testimony of the prosecutrix, though a child witness, was found reliable and trustworthy. No material contradiction or omission. The court held that conviction can be based on the sole testimony of the prosecutrix if it inspires confidence. (Paras 5-8) C) Criminal Procedure - Appeal against Conviction - Scope - The appellate court will not interfere with findings of fact unless perverse or against the weight of evidence. The trial court's appreciation of evidence was found to be correct. (Para 10)
Issue of Consideration
Whether the conviction of the appellant under Sections 376(2)(i) of IPC read with Sections 3 and 4 of POCSO Act is sustainable on the basis of the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence of seven years rigorous imprisonment and fine of Rs.500 with default imprisonment of one month upheld.
Law Points
- Rape of minor
- POCSO Act
- Section 376(2)(i) IPC
- credibility of prosecutrix
- medical evidence
- prompt FIR
- conviction upheld
